AGREEMENT BETWEEN USER AND TCO
The TheftClassOnline.com Web Site is comprised of various Web pages operated by
The TheftClassOnline.com Web Site ("TCO Website") is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the TCO Web Site constitutes your agreement to all such terms,
conditions, and notices.
TCO reserves the right to change the terms, conditions, and notices under which
the TCO Web Site is offered, including but not limited to the charges associated
with the use of the TCO Web Site.
LINKS TO THIRD PARTY SITES
The TCO Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of TCO and TCO is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. TCO is not responsible
for webcasting or any other form of transmission received from any Linked Site.
TCO is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by TCO of the site or any association with its
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TCO Web Site, you warrant to TCO that you will
not use the TCO Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the TCO Web Site in any manner which
could damage, disable, overburden, or impair the TCO Web Site or interfere with
any other party's use and enjoyment of the TCO Web Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the TCO Web Sites.
USE OF COMMUNICATION SERVICES
The TCO Web Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material that
are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
TCO has no obligation to monitor the Communication Services. However, TCO reserves
the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. TCO reserves the right to terminate your access
to any or all of the Communication Services at any time without notice for any reason
TCO reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in whole or in
part, in TCO's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. TCO does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, TCO specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized TCO spokespersons, and their views
do not necessarily reflect those of TCO.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO TCO OR POSTED AT ANY TCO WEB SITE
TCO does not claim ownership of the materials you provide to TCO (including feedback
and suggestions) or post, upload, input or submit to any TCO Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting TCO, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. TCO is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in TCO's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE TCO WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. TCO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE TCO WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE TCO WEB
SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
TCO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE TCO WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. TCO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TCO AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE TCO WEB SITE, WITH THE DELAY OR INABILITY TO USE THE TCO
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE TCO WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TCO WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF TCO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TCO WEB SITE, OR WITH ANY OF THESE
SERVICE CONTACT : [email protected]
TCO reserves the right, in its sole discretion, to terminate your access to the
TCO Web Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is governed
by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the TCO Web Site. Use of the TCO Web Site
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists
between you and TCO as a result of this agreement or use of the TCO Web Site. TCO's
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of TCO's right to comply with
governmental, court and law enforcement requests or requirements relating to your
use of the TCO Web Site or information provided to or gathered by TCO with respect
to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and TCO with respect to the TCO Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and TCO with respect to the TCO Web Site. A printed
version of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the TCO Web Site are: Copyright © 2005-2008 AJ Novick Group
and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright